Common use of Sale of Assets; Merger and Consolidation Clause in Contracts

Sale of Assets; Merger and Consolidation. Subject to Article VI, Section 6.1, the Trustees may cause (i) the Trust or one or more of its Portfolios to the extent consistent with applicable law to sell all or substantially all of its assets, or be merged into or consolidated with another business trust or Company, (ii) the Interests in the Trust or any Portfolio to be converted into beneficial interests in another business trust (or series thereof) created pursuant to this Section 10.4 of Article X, or (iii) the Interests to be exchanged under or pursuant to any state or federal statute to the extent permitted by law. In all respects not governed by statute or applicable law, the Trustees shall have power to prescribe the procedure necessary or appropriate to accomplish a sale of assets, merger or consolidation including the power to create one or more separate business trusts to which all or any part of the assets, liabilities, profits or losses of the Trust may be transferred and to provide for the conversion of Interests in the Trust or any Portfolio into beneficial interests in such separate business trust or trusts (or series or class thereof).

Sale of Assets; Merger and Consolidation. Subject to Article VI, Section 6.1, the The Trustees may cause (i) the Trust or one or more of its Portfolios to the extent consistent with applicable law to sell all or substantially all of its assetsassets to, or be merged into or consolidated with with, another business statutory trust (or Companyseries thereof) or Company (or series thereof), (ii) the Interests in Shares of the Trust or any Portfolio to be converted into beneficial interests in another business statutory trust (or series thereof) created pursuant to this Section 10.4 of Article X9.4, or (iii) the Interests Shares to be exchanged under or pursuant to any state or federal statute to the extent permitted by law. In all respects not governed by statute or applicable law, the Trustees shall have power to prescribe the procedure necessary or appropriate to accomplish a sale of assets, merger or consolidation including the power to create one or more separate business statutory trusts to which all or any part of the assets, liabilities, profits or losses of the Trust may be transferred and to provide for the conversion of Interests in Shares of the Trust or any Portfolio into beneficial interests in such separate business statutory trust or trusts (or series or class thereof).